UNION OF INDIA Vs. REGISTRAR

JUDGEMENT

(1.) The official respondents in the Original Application No.810/2014 are the writ petitioners herein.

(2.) The 2nd respondent herein / Original Applicant was working as ''Gramin Dak Sevak- Mail Deliverer - Mail Carrier'' at Kurungulam Branch Office. While working in that capacity, he was issued a Memorandum dated 19.02.2013 proposing to impose penalty under Rule 10 of the GDS [Conduct and Engagement] Rules 2011, on the ground that as per the Enquiry Report of the Circle Complaints Committee of Prevention of Sexual Harassment of Women Employees at Work Place, he used filthy words and harassment against the 5th petitioner herein / complainant. The contents of the said Memorandum also reads that the Disciplinary Authority has decided that the Report of the Circle Complaints Committee [in short ''CCC''] is taken as the Enquiry Report and recommendation was made to initiate suitable Departmental action and the recommendation of the said Committee to initiate suitable Departmental action has no relevance at this stage since as per the provisions of Rule 10 of the Conduct and Engagement Rules, 2011, the Complaints Committee is deemed to be the Enquring Authority for the purpose of the Rules and the Report of the said CCC deemed to be the Enquiry Report. Accordingly, the said Enquiry Report was furnished to the 2nd respondent herein / Original Applicant and he was called upon to offer his explanation as to the imposition of the penalty.

(3.) The 2nd respondent herein / Original Applicant has submitted his response challenging the legality and validity of the conducting of the enquiry and has also drawn the attention to Rule 14 of CCS [CCA] Rules, 1965 and as such, the disciplinary action taken based on the Enquiry Report of CCC would be detrimental of law of natural justice.